M I-C-H IG A N D AILY
-- THURSDAY,
~THV1ISDAY,
THE MICHIGAN DAILY
-I
II
Edited and managed by students of the University of
Michigan under the authority of the Board in Control of
Student Publications.
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Board of
M~anaging Editor . . .
Editorial Director . .
City Editor .
Associate Editor
Associate Editor
Associate Editor.
Associate Editor
Associate Editor- .
Associate Editor . ,
Book Editor .. . .
Women's Editor.
Sports Editor-.
Editors
E Robert D. Mitchell
. . Albert P. Maylo
. Horace W. Gilmore
. Robert I. Fitzhenry
. . S. R. Eleimnan
. . Robert Perlman
* . . Earl Gilman
' W11riam Elvin
. . Joseph Freedman
* . .Joseph.Gies
Dorothea Staebler
Blqd Benjamin
Business
Business Manager .
Credit Manager .
Advertising Manager
Women's Business Manag
Women's Service Manager
Department
. . Philip W. Buchen
Leonard P. Siegelman
William L. Newnan
er . Helen Jean Dean
. . .Marian A. Baxter
NIGHT EDITOR: DENNIS FLANAGAN
The editorials published in The Michigan
Daily are written by members of the Daily
staff and represent the views of the writers
only.
Men In Search
Of The Law ..
FIVE MEMBERS of the United States
Supreme Court have called the sit-
down "illegal" and have said that the National
Labor Relations Board cannot compel an em-
ployer to reinstate a sit-down striker. Under
the rules of the game the view taken by these
five men becomes the Law of the Land-at least
until five Justices think otherwise.
Perhaps it was part of an appeasement policy
directed at restoring "business confidence,"
more likely it was the desire on the part of
the majority to ward off any questioning of
traditional rights of property such as the sit-
down represents-but however one states the
cause of the shift of the liberals, the fact is
that key men Hughes and Stone turned in the
direction of McReynolds and Butler. Mr..Justice
Roberts sided with the majority: Justices Reed
and Black dissented.
The legal division in the Fansteel case high-
lights the issues. The majority opinion reviews
the facts and affirms the employer's right to
discharge men who have "seized" his plant illeg-
ally. It goes on to reverse a labor board ruling
that ordered the company to reinstate with back
pay the sit-downers and the men who aided
and abetted them by bringing cigarettes and
blankets to the plant.
Justice Stone agreed that the sit-downers
had forfeited their standing as employes under
the National Labor Relations Act, but, he said
in a concurring opinion, the fourteen employes
"who aided and abetted" the men in the plant
were still "employes" and should be reinstated
by the Board's order.
The dissent by Justices Reed and Black, New
Deal appointees, says that thet Wagner Act pre-
vents an employer from firing a striker, but.that
"as now construed by the court (he) may dis-
charge any striker, with or without cause, so long
as the discharge is not used to interfere with
self-organization or collective bargaining."
The Reed dissent here suggests one of the
principal implications of the majority decision:
employers will take advantage of the area of
uncertainty created by the Court and will fire
men for actions that many lower courts will
consider "illegal." Picketing, non-violent at-
tempts to dissuade patrons from buying from a
struck establishment, efforts to prevent "scabs"
from taking striker's jobs-all these and many
other supposedly legitimate strike devices are.
considered illegal by some lower court judges.
And it is not at all unlikely that employers will
attempt to break the employe status of a striker,
which now holds under the Wagner Act, by delib-
erately creating physical conflict and increasing
the chances for property damage. Congress
sought in the Wagner Act, the dissent continues,
to suspend the employer's right to discharge
during a labor controversy, since that right
would be used as a weapon against labor.
There is "no protection of unlawful activity"
in this view, Justice Reed said, sinc strikers are
still subject to penalties for crimes. And the
question as to whether an employer should be
forced to reinstate a striker "depends on the
circumstances. It is the function of the board to
wt-igh t+e echamand on nnnterchaves nd n
TODAY '"i
WASHINGTON-
-by David Lawrence-
WASHINGTON, March 1-The fight for a
national referendum before there shall be any
war overseas on the part of the United States
has been revived with such amendments as may
be expected to win to its side some votes in Con-
gress which last year were alienated.
Thus, this time the proposal does not call for
a referendum if a European or Asiatic nation
should attack any nation in this hemisphere, or
if the United States and its possessions are,
attacked. This presumably will narrow the opera-
tion of the referendum solely to whether the
United States shall declare war against any
foreign power and send troops across the ocean,
as happened in 1917.
Back of the referendum proposal is the assump
tion that a series of steps growing out of neutral-
ity controversies causes an American President
against his will toinvolve the nation into a situa-
tion from which a "rubber stamp" Congress can-
not gracefully retreat. Instead of allowing Con-
gress to decide such an issue, the idea is to sub-
mit it to a popular vote.
Not Practical
On its face, this seems like a powerful way to
prevent war-a sure safeguard. But it really
isn't in practical operation. Had the referendum
been submitted to the American people the in-
stant the Lusitania was sunk with 1,000 innocent
lives cost without a single moment's warning, it
is conceivable that America might have entered
the war sooner than 1917. It Was the restraining
influence of a public opinion which preferred to
let such delicate matters be decided at Washing-
ton by a patriotic Congress and a patriotic
President which kept the nation from being in-
flamed. Had the referendum for war been pos-
sible, all the influences that make for mass
propaganda, including public demonstrations in
which passions are rdadily aroused, would have
been in operation. Nor need it be supposed tha
a referendum will take time and hence can be
used as a means of delay. Congress would have
the power by law to fix the time and date and
machinery for registering public expression, and
the chances are that a referendum could, if de-
sired, be fulfilled within one week. If public in-
dignation were aroused, the demand would be
for instant action and the use of all modern de-
vices of communication to collect the popular
votes.
A Democratic Principle
The referendum is, in theory, a democratic
principle, but, if it is the way to get popular ex-
pression, then it can equally be applied to other
important steps in nationalas well as foreign
poliby. Parliamentary systems of government
have, in effect, a referendum machinery, because,
at any time that the majority fails to conform
to publid opinion, a national administration can
be overthrown and the issue carried to the
people. Rather than engage in a general election,
the party in power yields to what seems to be
public demand, and the opposition becomes the
responsible party.
In the United States today, there is a majority
in the House and perhaps even in the Senate
which is out of sympathy with the policies of
the Roosevelt Administration. Opposition ele-
ments are impatient to acquire power and author-
ity, but not immediately. Perhaps they would be
more constructive if they realized that, at any
moment they were to be precipitated into posi-
tions of complete responsibility for government
policy, as is the case abroad. If the sales of air-
planes to France were wrong or if the President
misconstrued the wishes of the people in foreign
policy, a parliamentary system which permitted
the recall of the President, as is the case with
governors and mayors under various local forms
of government, would quickly afford an oppor-
tunity for the expression of public opinion.
Accept Responsibility?
Would the coalition of independent Democrats
and Republicans be ready to take over complete
responsibility for national policy if we had a
parliamentary system today? Hardly. And, in-
stead, the opposition is free to criticize, to block
legislation, to impair the vitality of Adminstra-
ton proposals wthout having any duty to offer
workable substitutees. Thus, today, the opposi-
tion to the Administration is vehemently oppos-
ing the "spending" policies of the Administra-
tion, but not a single proposal for natonal recov-
ery by any other organized means has been
offered except the general statement that recov-
ery will come if most of the New Deal laws are
repealed and business is let alone. The validity
of such an assumption, if the opposition camej
into power and didn't soon bring about reemploy-
ment of the idle and national recovery, there
would be a change again.
The war referendum proposal is a symptom
of the feeling which so many people have that
centralized government cannot be trusted, even
with a Congress elected at specified intervals.
This may lead to other proposals for a referen-
dum on national issues.
subject, through the election of the men who
appoint them, to restraint by the people?
Even more basic in the Fansteel case is the
question of the worker's right to his job and
the definition of "job." The facts in the case
show that the sit-downers did not destroy pro-
perty nor was their action, as the majority said,
analagous to "assault upon the officers of an
employing company, or the seizure or conver-
sion of its goods." The men merely refused to
continue working and sat at the machines they
nnarna a~vnfter ariavrhsv id nt ri -
Reply To A Reply
To the Editor:
I should like to take this opportunity to com-
mend the Mi igan Daily for the fairness and
sound judgment with which it has treated in
the past various points of view.
However, I challenge the writer's statement
that "It is important to remember that one can-
not remain neutral in the Spanish Civil War."
He argues from that premise which he considers
to be self-evident, and unassailable, but it is noth-
ing of the sort. To favor the status quo means not
"to actively aid Franco." To favor the status quo
means that one favors legislation to prevent the
sale of arms to belligerent governments. I am
forced to admit, however, that it is extremely
unfortunate that American arms are indirectly
being shipped to Franco (if they are). The United
States government judged within its power by
legislating the neutrality act; and that the degen-
erate consciences of other less-idealistic nations
has overpowered our legislation is a bit out of
the way of America's business. However, to argue
that the embargo should be dropped is indeed to
favor the Loyalists-and every other unfortunate
government engaged in war. This is taking sides
with Loyalist Spain against the Fascist insur-
gents; and Loyalist Spain is communistic. This
fact brings the total number of evils from which
to choose up to two. Fascism under Franco, may
be considered undesirable because it. represents
religious intolerance; and religious intolerance,
I venture to say, is abhorrent to American Cath-
olics; and it should not be construed from the
misrepresentations in Mr. Bates' letter and in
the editorial that American Catholics welcome
a Fascist victory in Spain.
The Catholic ancestors of whom I am a
descendent fled to these shores in order to escape
religious intolerance in Germany and Ireland,
and under these exemplifying circumstances
sight of religious tolerance has not been lost.
Secondly, to favor Loyalist Spainis not too admir-
able a frame of mind. Communism sets up a form
of atheism in the state and tends to emulate the
state as a deity itself. Hence, to favor the- so-
called republican government means to favor a
state in which is denied the existence of the
foundation upon which Protestantism and
Catholicism is based. The latter point, however,
can be applied in a personal manner only to per-
sons believing in God, which includes the great-
er portion of our population.
One does not have to take sides in the Span-
ish conflict. One looks askance to them both
and after a fashion typically American even the
Catholic recognizes that ideal state, namely, one
in which freedom to worship according to the
dictates of one'sown heart is permitted and one
which does not coerce that right by. prohibiting
separation of cemeteries, by government dictator-
ship of seminaries, and by deification of the state,
I am much disappointed by the sudden outbursts
against Catholicism which have. appeaed in
the editorials of your paper. Although very
much in tune with the times, your attitude on
Catholicism is distasteful.
-F. R.
Free Speech
The Nazi Bund's Madison Square Garden
meeting last Monday has been the occasion for
many newspaper columns of comment on the
nature of free speech. The attitude of Mayor
Fiorello LaGuardia of New York, in permitting
the meeting to go ahead, and granting police
protection to participants, is generally admired
and respected.
Freedom of speech must extend to groups
whose opinions do not confor'm to- those of the
majority. If it is denied them, administrators of
the law can deny this freedom to other groups
whose rights it was not intended to impair.
England, with a much more specific law, ran into
this difficulty. A law prohibiting the arming and
drilling of private political armies, intended to
militate against Sir Oswald Moseley's fascist
"shirt" organization, was used in the practice of
local law enforcement officers against labor
groups, against fraternal organizations which
occasionally march in ceremonial regalia. This
sort of perversion is too great a possibility to
permit a parallel development here.
Heywood Broun recently columnized on free-.
dom of speech. After chiding liberals who, be-
cause of a thorough dislike of fascist ideals and
techniques, advocate suppression of their expres-
sion by fascist methods, Mr. Broun began a
little discourse on roosters and snakes. In his
opinion, the crowning of Hitler, the rooster,,, or
the whole Bund farmyard of roosters is by far
a safer alternative than encouraging these same
roosters, denied the privilege of blatantly pro-
claiming their aims, to turn to completely under-
cover methods, becoming snakes which do not
announce themselves before they strike.
-Minnesota Daily
The Arms Race
Parliament approves a bill of $2,726,000,000 for
British rearmament in the next fiscal year. The
Senate Military Affairs Committee wants 6,000
planes for the American Army.
The old familiar and relatively peaceable Man
from Mars (not one of Orson Welles' fearsome
invaders) would almost conclude that Earth had
become more martial than Mars. And he might
easily give an affirmative answer in Mr .Nville
The Editor
Gets Told
The FLYING
TRAPEZE
By Roy Heath
The Denunciation -.
It didn't take much investigation
on my part to determine who the
"Phi Delt anchorman" was at whom
Sec Terry launched such a barrage of
derogatory remarks in his column yes-
terday morning. It was me. I thought
I did something out of the ordinary
Friday night because when I tried to
climb out of bed Saturday morning,
I suddenly fell under the illusion that
I had suffered a stroke of paralysis
while I slept. Sec Terry's scurrilous
atack recalls the whole affair to mind.
I am not so much surprised as dis-
gusted by the hill-billy's paragraphs.
His reference to my underpinnings as
"stilts was strictly a below the belt
blow at a critic who has always lim-
ited his assaults on Terry to honest
revelations concerning his mental
abilities. I have always considered
that to dragkin physical appearances
would be taking unfair advantage of
such a misshapen, myopicphysical
abomination as Terry.
Terry also took advantage of the
fact that I might have slowed up a bit
during the latter half of my lap in the
race, to charge that I stopped be-
neath the stands to "cough up cigar-
ette butts," as he so crudely puts it.
How absurd. I chew up my cigarette
butts before I swallow them, as I can
prove by any number of reliable wit-
nesses. That being the case, anyone
with the most rudimentary knowl-
edge of the human plumbing system
must realize that the "butts" would
not be in a'spot where they could
be coughed up.
The truth of the matter is, sup-
posing that I was just a trifle tardy
in reappearing from underneath the
Field House stands, I encountered
terrible difficulties in that secluded
section of the track. They were dif-
ficulties of well-nigh insurmountablea
proportions which would have caused
a man of Terry's weak-kneed stripe
to toss in the towel. For one thing,
some devilish device has been ins-
talled underneath that stretch of
track which causes itto weave and dip
like the deck on a schooner. I will
swear that I was running up hill fromf
the time I came out of the first turn-
until I hit the tape.J
Add to that the fact that one of my
lungs collapsed at 150 yards and you1
have a picture of the situation whicht
faced me. If the picture isn't clear,
lay it to the fact that I couldn't see
it very well myself due to little purple
spots in front of my eyes. As to the
Phi Gam, Coffman, who passed me
up with such disconcerting ease; the
State Racing Association took a saliva
test on " him after the race whichc
proved beyond a doubt that his hand-4
lers had slipped him a "speedball" a
fig newton soaked in White Mule,
just before the contest.
Now let us look at the athletic do-G
ings of slanderous mountebank whor
quails at the mention of a Simon-X
Binet test. What feats of prowess1
has he performed which entitle him
to judge even such a broken specimenr
of a sprinter as I am? Well, Terry7
fancies himself as a ball player. Suf-
fice to say, that if I am no Jesse
Owens, Terry is no Lou Gehrig. I will
let the following anecdote tell you alli
you need to know concerning Terry's
ability, courage, and general deport-
ment on the field of action.
HOW AND WHY TERRY
STOLE SECOND
Michigan was playing Minnesota
and the score had reached such lop-
sided proprrtions in favour of Michi- t
gan that Ray Fisher no longer feltL
that it would be tempting fate to
give Sec Terry, an assistant bat boy,t
a chance to bat.
Terry stepped to the plate in high.
elation. He pulled his cap a notch
lower, so low that he was forced to
point his chin towards heaven to see
at all; spit on his hands, just like aI
big leaguer, and hoped for a walk.
The Gods heard Terry's prayer,
"just let me get on base once." Het
received four balls and took his pass
in the throes of joy, trotting down1
the baseline, tipping his cap towards
the stands as he went.
Now it chanced that the GophersC
had on first base at the time one of
the hardest Hard Harrys who ever
loosened a bridgework, one Andy
Uram. In his preoccupation with his
good fortune, Terry ran smack into
the beetling Mr. Uram who was in
the midst of some of the blackestj
thoughts of his career.
"Watch where you're goin', you . .."
snarled Uram.
Apparently carried away with his
successful turn at bat and totally un-
aware of the fact that he was address-
ing bad news in person, Terry replied
in the boldest tones his little reedy,
voice could command, "To , . . with.
you.
In a fit of inarticulate rage Uram ,
threw his glove to the turf and ;
stamped on it. Then he measured
Terry for a coffin in his mind and
started for the trembling Wolverine.
Sec Terry stole second.
AN AFP .1 if
(Continued from Page 2)
written in English or German. Each
contestant will be free to choose his
own subject from a list of at least 30
offered. The list will cover five chap--
ters in the development of German
literature from 1750 to 1900, each of
which will be represented by at least
six subjects. Students who wish to
compete must be taking a course in
German (32 or above) at the time of
the competition. They should register
and obtain directionstas soon as pos-
sible at the office of the German de-
partment, 204 University Hae.
Kothe-Hildner Prize in German:
Two prizes, of $30 and $20 respec-
tively will be awarded to students
taking German 32 in a translation
competition (German-English and
English-German) to be held the lat-
ter part of March. Students who
wish to compete and who have not
yet handed in their applications
should do so immediately and obtain
final directions.
Academic Notices
Botany 1 Make-up examination for
students who were unable to take the
final examination in February will be
given Monday, March 6 at 7:30 p.m.
in Room 2033 Natural, Science. Pei-
mission to take the examination
must be obtained from Prof. Jones.
Sociology 51: Final Examination
makeup will be given Saturday, March
4, at 2 p.m., Room D, Haven Hall.
Students, College of Literature, Sci-
ence and the Arts: No course may be
elected for credit after the end of
the third week. Saturday, March 4,
is therefore the last date on which
new elections may be approved. The
willingness of an individual instruc-
tor to admit a student later does not
affect the operation of this rule.
i. A. Walter
School of Education Students,
Changes of Elections: No course may
be elected for credit after Saturday,
March 4. Students enrolled in this
school must report all changes of elec-
tions at the Registrar's Office, Room
4, University Hall.
Membership in a class does not
cease nor begin until all changes have
been thus officially registered. Ar-
rangements made with the instruc-
tors are not official changes.
English 181; The make up exam-
ination will be given today from 7 to
10 p.m. in.2216 Angell Hall,
Psychology 31: Make-up final, ex-
amination for all sections will be held
on March 7, at 7:30 p.m., in Room1
3126, Natural Science Building. -
' Tap Dancing: A beginning class inl
tap dancing will be offered to men
and women students. Organization
meeting Monday, March 7, at 4:30
p.m. in Barbour Gymnasiumi, Room
15.
Sociology 54, discussion section 1,
meeting in 225 Angell Hall, Friday at
11, will transfer to 18 Angell Hall be-
ginning this Friday.1
Recreational Leadership: The class
is to dress.for activity.
Exhibitions
Exhibition, College of Architecture:
Photographs and drawings of Mich-
igan's historic old houses mae dur-
inIg the recent Historical American
Buildings Survey are being -shown,
through the courtesy of the J. L. Hud-
son Company of Detroit. Third Floor
Exhibition Room, Architectural Bldg.,
through March 11. Open daily, 9 to 5.
The public is cordially invited.
Lectures
Lecture: Dr. Reinhold Niebuhr will
give the third in the series of lectures
on "The Existence and Nature of
God" under the auspices of the Stu-
dent Religious Association, this eve-
ning at 8:15 p.m. in the Rackham
Lecture Hall.'
French Lecture: The fifth lecture
on the Cercle Francais program will
take place today, at 4:15 p.m.,
Room 103, Romance Language Build-
ing. Professor Charles A. Knudson
will speak on : "Comment lire un
poeme de Victor Hugo: Oceano Nox."
Tickets for the series of lectures may
be procured from the Secretary of
the Romance Language Department
(Room 112, Romance Language Bldg.)
or at the door at the time of the
lecture.
'vents Today
Zoology Seminar: Mr. Hugh D.
Clark will report on "Embryology of
the hemipenis in determining rela-
tionships of the Xenodontinae, Colu-
a book should not overlook'the fol-
lowing by Frederick George Scott,
Archdeacon of Quebec, beloved paare
of the First Canadian Overseas Divi-
sion.
FUNDAMENTAL
brinae and Natricinae (Colubridae)"
today at 7:30 p.m. in the Amphithe-
atre of the Rackham Building.
The Observatory Jornal Club will
meet at 4:15 this afternoon, in the
Observatory lecture room. Dr. A. D.
Maxwell will review the paper "The
Star Cluster in Coma Berenices" by
R. J. Trumpler. Tea will be served
at 4 p.m.
Chemical Engineers: Important an-
nouncements are to be made in the
meeting tonight. Professor Brown
will discuss "Retrograde Condensa-
tion; its Industrial Importance" with
demonstrations. Time: 7:30, Room
1042.
Dr. Reinhold Niebuhr will speak at
a luncheon at the Michigan Union,
today, 12:15. Reservations should
be made by calling Lane Hall, exten-
sion 2148, before Thursday morning,
10 o'clock. Everyone interested is
welcome
Congress Tryouts: All eligible in-
dependent men students interested in
becoming a tryout for Congress, In-
dependent Men's Organization, will
meet today at 5 p.m. in Room 306 of
the Union.
Association Book Group: Professor
Reinhold Niebuhr will lead an in-
formal discussion of some of his re-
cent writings at the Association Book
Group this afternoon, 4 p.m., Lane
Hall.
Zeta Phi Eta: Regular meeting to-
night at 7:15 in the Portia Room, All
actives and pledges must be present,
and are urged to be on time.
League Publicity Committee will
meet today at 5:00 in the Under-
graduate Office of the League.
Tryouts for the German Play, "Die
Gegenkandidaten" will be held in
Room 300 South Wing, today from
3-5 p.m.
0. G. Graf.
University Girls' Glee Club: Re-
hearsal tonight at 7:15 in Game Room
of League. Bring eligibility cards.
JGP Publicity Committee will meet
at 5 p.m. today in the Undergraduate
Offices of the League.
Senior Class Dues will be collected
Thursday and Friday in the lobbies of
Angell Hall, the Main Library, Univer-
sity Hall, at the League, and at the
Union.
Candy Booth Committee: There will
be a very important meeting of all
the girls working in the University
Hall Booth today at 4:15 in the
League. Everyone must be present.
Dr. W. P. Lemon will give an ad-
dress at the First Presbyterian
Church, 1432 WashtenawAve., on the
topic "How To Know The Prophets"
at 7:30 this evening. This is the
second of a series of Lenten addresses
on the Bible. Immediately following
the address a reception for Dr. and
Mrs. Robert J. McCandliss, who have
just returned from China, will be
given by the Woman's Association of
the Church.
Michigan Dames Charm Group:
The Charm Group of the Michigan
Dames will meet this evening at 8:15
at the League.
Executive Committee of the Ameri-
can Student Union: There will be a
meeting at 4 p.m. today at the Mich-
igan League.
Interior Decoration Section: Prof.
Estella Bauch, Head of the Home
Economics Department at Michigan
State Normal College, will speak this
afternoon on "Intelligent Buying for
the Home." This lecture wll be given
at, 3 o'clock in the Michigan League
Building for the members of the In-
terior Decoration Section of the Fac-
ulty Women's Club.
Kappa Phi: There will be a meeting
today at the Methodist Church at
5:15.
Union Vocational Guidance Forum:
Dean Samuel T. Dana of the School
of Forestry and Conservation will
speak on the subject, "Forestry as a
Vocation" today in the small ball-
room of the Union.
Coming Events
Suomi Club: The recently-elected
president of the Suomi Club, Edna
Kandelin, '39, cordially invites all
Finnish students to participate in a
program of social activities at Lane
Hall on Friday evening, March 3, at
8 p.m. The vice-president, Toivo
Liimatainen, is chairman of the eve-
ning's festivities, which naturally in-
clude the proverbial Finnish "kahvi-
tarjoilu." Mrs.,Reino Takala is the
present secretary of the organization,
which is particularly anxious to reach
DAILY OFFICIAL BULLETIN
Publication in the Bulletin is constructive notice to all members of the University.
Copy received at the office of the Assistant to the President until 3:30 P.M.;
11:00 A.M. on.Saturday.